Study On Insider Dealing Of Civil Liability

China’s security law is including of four kinds of illegal acts. There are insider dealing, market manipulations, fraud on the customer, and false statement. In four kinds of illegal behavior, insider dealing is the most of common. It is unfavorable for fairness of securities market and fair dealing, meanwhile has a great negative influence on the social-economic circumstance. Insider dealing is people who know insider information dealing relevant securities. Although behavior of insider dealing has some provision that insider personnel has civil liability in security law, didn’t have specific regulations in law. The provision is general and lack of interoperability in the security law. In practice, insider personnel always undertake the administrative responsibility and criminal responsibility. The damaged investors are hard to initiate the civil litigation and use the civil law to obtain indemnity. Immediately it is find a approach to solving the problem.The thesis divided into three chapters. Chapter one study the legal responsibility (including:civil responsibility, administrative responsibility and criminal responsibility of insider dealing) of insider dealing from the definition of insider dealing and constituent elements. We will found that civil responsibility is the relative weak link in legal responsibility. Meantime, it focuses on civil liability’s properties, and explains the four elements of insider dealing’s civil liability. There are offence behaviors, subjective fault, damage consequence, and causality. Then, this part derived the inner components of insider dealing. In the second chapter, the problems of jurisdiction practice and current situation of legislative were evaluated and analyzed. In the system of Insider dealing’s civil liability, there are many problems for instance, the imperfection of litigation system, litigation subject were imprecise, a lack of relevant compensate standard and so on. In the third chapter, the thesis put forward some suggestion about how to improve the civil liability of insider dealing by analyzing china’s national conditions, present social situation and domestic and international relevant laws. There included that improve the system of relevant litigation, to determine the subject of damage compensation, and compensation’s standard.